JONATHAN E. ROGERS, Appellant
THE STATE OF TEXAS, Appellee
the 13th District Court Navarro County, Texas Trial Court No.
Chief Justice Gray, Justice Davis, and Justice Neill.
E. NEILL JUSTICE.
Rogers was charged by indictment with the offense of
attempted sexual assault. On February 26, 2016, Rogers
entered a plea of guilty to the offense of unlawful
restraint, and the trial court deferred adjudication of guilt
and placed Rogers on community supervision for ten years. The
State filed a Motion to Adjudicate Rogers' guilt on the
underlying offense and revoke his community supervision. On
October 26, 2018, Rogers entered pleas of true to five of the
allegations in the State's motion. The trial court found
the allegations to be true, adjudicated Rogers guilty of
unlawful restraint, revoked his community supervision, and
sentenced Rogers to five years confinement. We affirm.
sole issue on appeal, Rogers complains that the judgment is
void because unlawful restraint is not a lesser-included
offense of the indicted offense of attempted sexual assault.
On June 18, 2019, the State filed a letter in this Court
stating, "the State does not intend to file a brief
… Upon reviewing the Appellant's brief and
relevant case law, the State agrees with Appellant's
confession of error is important, but not conclusive in
deciding an appeal. Saldano v. State, 70 S.W.3d 873,
884 (Tex. Crim. App. 2002). A confession does not relieve
this Court of the performance of the judicial function.
Id. The considered judgment of the law enforcement
officers that reversible error has been committed is entitled
to great weight, but our judicial obligations compel us to
examine independently the errors confessed. Id. If,
after our independent examination of appellant's issue,
we conclude that it lacks merit, we should overrule it,
despite the State's confession. Id.
a defendant placed on deferred adjudication community
supervision may raise issues relating to the original plea
proceeding, such as evidentiary sufficiency, only in appeals
taken when deferred adjudication community supervision is
first imposed. Manuel v. State, 994 S.W.2d 658,
661-62 (Tex. Crim. App. 1999); Crume v. State, 342
S.W.3d 241, 243 (Tex. App. -Beaumont 2011, no pet.). A void
judgment is one exception to this general rule. Nix v.
State, 65 S.W.3d 664, 667 (Tex. Crim. App. 2001);
Crume v. State, 342 S.W.3d at 243. The void judgment
exception would allow an appeal even after a motion to revoke
deferred adjudication. Crume v. State, 342 S.W.3d at
argues that the judgment in this case is void because
unlawful restraint is not a lesser-included offense of the
indicted offense of attempted sexual assault as alleged in
the indictment. In Crume, the defendant also argued
that the judgment was void. The defendant in Crume
was indicted for the offense of aggravated assault, but
entered a plea of guilty to the offense of criminal mischief.
The trial court deferred adjudication of guilt and placed the
defendant on community supervision. The State filed a motion
to revoke community supervision, the defendant pled true to
the allegations, and the trial court found the defendant
guilty of criminal mischief.
defendant in Crume argued that because criminal
mischief is not a lesser-included offense of aggravated
assault, the trial court lacked jurisdiction to accept his
plea, and the judgment was void. The Court in Crume
held that the trial court had subject matter jurisdiction
because both offenses were felony offenses. Crume v.
State, 342 S.W.3d at 243. The Court held that the trial
court had personal jurisdiction because there was a valid
indictment charging the defendant with aggravated assault and
personal jurisdiction is "person-specific" not
"offense-specific." Crume v. State, 342
S.W.3d at 244. We agree with the Court in Crume and
find that the trial court had both personal and subject
matter jurisdiction to accept Rogers' plea. We find that
the judgment in this case is not void. See Nix v.
State, 65 S.W.3d at 668.
we find that the judgment in this case is not void, we lack
jurisdiction to review the issue on appeal of the revocation
of community supervision. Nix v. State, 65 S.W.3d at
667; Manuel v. State, 994 S.W.2d at 661-62. We
overrule the sole issue on appeal.
affirm the trial ...